Category Archives: House of Representatives

Primary Elections — Week of March 18

By tmess2 | Published March 17, 2024

With the presidential nominations effectively wrapped up, the focus of primary season shifts to Congress.  States face conflicting incentives in terms of primary scheduling.  First, for presidential primaries, an early primary increases the chance that a state will vote before the nomination is effectively decided.  But, especially a state with a part-time legislature that only meets in the Spring, a Summer primary allows the legislature to wrap up its business (with appropriate goodies for the districts of favored legislators facing a tough race) and gives the legislators time to spend back in their district campaigning.  Second, it saves money for a state to combine presidential primaries with the primaries for other offices.  Thus, only some of the states with early primaries for president also have the primaries for other offices on the same day.

This week, three states have primaries for “other” offices.  The first is actually a special election.  That election is to fill the seat created by Kevin McCarthy deciding that he did not want to return to just being a member of the House after he lost the vote of no confidence (technically motion to vacate the chair) last fall.  For regular elections, California uses a “top two” primary in which, regardless of the vote for the leading candidate, the second-placed candidate advances to the general election.  For special elections, if the leading candidate gets a majority, that candidate wins.  If not, there will be a runoff between the top two candidates.  Two weeks ago, there was the regular primary for the seat.  Given how long it takes California to process its ballot, the race for second place is still too close to call.  Given that most of the votes remaining appear to be from the county in which the current third-placed candidate finished ahead of the second-placed candidate, the primary may actually be recount close.  Right now, the “second” Republican is still in second place.  That should discourage Republicans from unifying behind the current leading candidate in the special election (as supporters of the Republican currently in second have hopes that their candidate will make the general election and do not want to make the leading candidate the incumber candidate).  As the leading candidate did not get a majority in the primary, there is a good chance that there will be a runoff in this race.  If the leading candidate (Kevin McCarthy’s handpicked candidate, Vince Fong) can get the majority, the Republicans get this seat back.  If not, it remains vacant until after the runoff in two months (probably keeping the seat vacant through June).  Needless to say, the Republicans in Washington are praying for an outright winner on Tuesday.

The next state on the list is Ohio.  In recent years, ticket splitting has declined, and it has become harder for a Congressional candidate to win a state/district that voted for the presidential candidate of the other party.  Currently, there are only senators (three Democrats and two Republicans) representing states won in 2020 by the other party.  The three Democrats are up for election this year.  Joe Manchin of West Virginia has decided that, despite his personal popularity in his state, the presidential margin is just too much to overcome.  That leaves Jon Tester of Montana and Sherrod Brown of Ohio to face their voters this year.  Given that Ohio has been getting redder in recent years, Republicans are hopeful that whomever they nominate might win the seat in November to give the Republicans a senate majority.  But with Republicans thinking that they can win, the primary attracted multiple candidates.  The race originally looked like a three-person race.  Objectively, if Republicans wanted somebody ready to be a senator, the obvious choice would be the current Secretary of State, Frank LaRose.  But serving in an executive position requires actually following the law.  And, while Secretary LaRose has definitely put his thumb on the scale as much as he can, those decisions disqualify him for “purists.”  Neither of the other two candidates would be a strong contender if the Republican primary was being held in the real world.  With Secretary LaRose struggling, the establishment has unified behind Matt Dolan.  What Mr. Dolan has going for him is that his family is wealthy, and he has been willing to spend enough of his own money to be competitive (both this cycle and two years ago when he put up a solid fight in the primary for the other seat).  The Trump candidate is Bernie Moreno.  As was the case back in 2022, for Democrats choosing to participate in the Republican primary, the question is whether to vote for the weaker candidate (Moreno) to increase the odds of winning in the general election or to vote for the sanest candidate (Dolan) just in case Brown loses in November.  The national party has run adds attacking Moreno as too extreme in the reverse psychology ploy to get Republicans to commit political suicide by nominating Moreno. Continue Reading...

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Super Tuesday Week

By tmess2 | Published March 2, 2024

Tuesday is Super Tuesday — the first Tuesday of the primary cycle in which any state can hold a primary contest.  As most states use state-run primaries, there will be a large number of states on Tuesday.

But, before Super Tuesday, several states that are using party-run contests will be holding Republican contests as the “window” for the Republicans opened yesterday.  (The “window” for Democrats opens on Tuesday.)  As discussed last week, one of the contests today is the second half of the Republican’s Michigan two-step with the Republican state convention which will be allocating the “district” level delegates.  In addition to Michigan, today will see events in Missouri and Idaho.

The Missouri Republican rules are somewhat ambiguous.  It looks like they are doing a traditional caucus with a 15% threshold and an unspecified winner-take-all kicker at local option.  But rather than allocating delegates based on today’s vote (which is what the national rules appear to require), they are merely binding the delegates chosen today to vote the same preference at the district conventions (which should effectively have the same result).  Missouri is using a caucus because our current Secretary of State repeatedly lied and claimed that the state-run primary was nonbinding (when the rules of both party made the primary binding) and a repeal of the primary was slipped into an omnibus election bill which passed despite the unanimous opposition of Democratic legislature).  The Democrats will be holding a party-run primary in three weeks with a mail-in option. Continue Reading...

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South Carolina Recap

By tmess2 | Published February 27, 2024

It’s hard interpreting the Republican results for president this year.  If Donald Trump were the incumbent, the numbers that he is getting would be the sign of substantial opposition within the party.  If this year were a truly open primary (i.e. he was not being treated as the “incumbent candidate” by Republicans), his results would be outstanding.

But the bigger story out of Saturday might be at the Congressional District level and is about the House of Representatives, not the presidency.  Nikki Haley only won one of the seven congressional districts — the First District.  Nancy Mace is the current, two-term, incumbent.  She was one of the “Freedom Caucus Eight” who voted to vacate the chair.  Kevin McCarthy is apparently planning on supporting a primary challenger to Representative Mace.  Does the fact that Nikki Haley got 53% of the vote show that a majority of the Republicans in the First District will support an establishment challenger to a Trumpist candidate.  If so, the Representative Mace’s time in Congress might be coming to a quick end.  Additionally, while the lines were a little different, the last time that the Republicans were this divided and supported the more extreme primary candidate, the Democrats managed to win this district (in 2018).  So, if the Democrats find a credible candidate for the general and Representative Mace wins the primary, perhaps enough real Republicans do not vote in the general or opt to vote for the Democrat to take this seat away from the Freedom Caucus.

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Special Elections 2024

By tmess2 | Published December 10, 2023

Things are about to get very interesting in the House of Representatives.  While there have been a large number of representatives who are not running for re-election.  The irony of Republicans explaining their reason for leaving as the unpleasant environment in Congress is hard to miss.  But the focus of this post is not on those leaving in January 2025.  It is those who have left (involuntarily) or are about to be leaving mid-term.

At the present time, we have a vacancy in New York’s Third District due to the expulsion of fraudster who called himself George Santos.  (And the fact that the majority of House Republicans did not want to expel him despite overwhelming evidence of fraud while wanting to open an impeachment of President Biden with no evidence says something about the shell of a serious political party that the Republicans have become).  But we have also had announcements of the intent to resign in three other districts (so far) —   California’s Twentieth District (former Speaker Kevin McCarthy who will be leaving sometime later this month or in early January),  New York’s  Twenty-Sixth District (Democrat Brian Higgins who will be leaving in February), and Ohio’s  Sixth District (Republican Bill Johnson who will be leaving in March).

These departures in the House will alter the size of the Republican majority in the House.  The rules for vacancies in the House are different than the rules for vacancies in the Senate.  Under the Seventeenth Amendment, the governor of each state can temporarily fill a vacancy in the Senate until an election can be held to fill the balance of the term.  By contrast, there is no equivalent provision for the House.  Thus a House seat remains vacant until there is a special election.  For both the House and the Senate, the timing of the special election is left to the state.  Especially for the Senate, there is a wide range of rules with some states leaving the appointee in office until the next regularly scheduled election (which can create the weirdness of having two elections for the same office — one for the last three to four weeks of the current term and one for the next term — at the same time) and others requiring a prompt special election.  But the states also have different rules for the scheduling of House elections (and who chooses the candidates). Continue Reading...

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Once More Into the Chaos

By tmess2 | Published October 8, 2023

Your parent’s Republican Party is dead.  The center-right politicians that used to be the leaders of the Republican Party are now called RINOs by the forces that staged a hostile takeover of the party.  And like many hostile takeovers, what is left is simply a brand name that is a shell of what it used to be.  If the Republican Party was a business, consumers would simply gradually realize that its product and services had declined and would eventually switch to competitors.  While the workers and customers of that company would suffer during the death spiral, it would have limited impact on the rest of us.

Unfortunately, a political party is not a company, and the death spiral of a political party can have significant impact on everyone.  And we are seeing that play out  in real time in Washington.

Once again, we are facing the inability of the Republican Party to be able to unite behind a leader.  In a functioning party, the choice of a leader is an internal party decision, and, when the time arrives for the whole House to confirm the majority party’s leader, the members of that party support its chosen leader.  Because the modern Republican Party is not really a political party and is instead a disjointed collection of individual attention seekers vying to be the most outrageous, it is almost impossible to get 218 Republicans on the same page. Continue Reading...

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Supreme Court Preview — October Term 2023 — Part 1

By tmess2 | Published September 10, 2023

We are three weeks away from the First Monday in October which means that the Supreme Court will soon be back in session.  Putting to the side the continued questions about the ethical failings of certain ultra-conservative justices (who unfortunately would never be convicted by the Senate even in the unlikely event that the more ethically-challenged Republican caucus in the House would actually allow articles of impeachment to pass), that means time to look ahead to the politically-significant cases on this year’s docket.

For a brief refresher, during its annual term, the U.S. Supreme Court sits in seven argument sessions.  Each of these argument sessions lasts for two weeks.  After five of these argument sessions, the U.S. Supreme Court takes a two-week break (with longer breaks over the holidays and after the January argument session).   Typically, for ease of convenience, the sessions are referred to as the October, November, December, January, February, March, and April sessions even though some sessions will begin in one month and conclude in another month (like the November session this year which will begin on October 30).  During the argument session, the Supreme Court hears oral arguments on Monday, Tuesday, and Wednesday.  If one of those days is a holiday, that day is skipped.  There is no firm rule (as the Supreme Court will make adjustments if the docket requires it), but a “full” docket will have two arguments in the morning on each day.  Subject to adjustment if a third party (usually the Solicitor General if a case involves a federal statute) is permitted to argue, the party that lost below gets thirty minutes to argue and answer questions followed by thirty minutes for the party that won below followed by a brief rebuttal argument by the party that lost below.

On the Friday before the argument session, the justices meet to review pending petitions for review and to finalize any opinions to be released the following week.  There are similar conferences on the Fridays on the weeks in which there are arguments at which the justices also discuss the arguments that were heard that week and take an initial vote on those cases which is used to assign a justice to write an opinion.  On the Mondays of argument week (and the Monday after the argument week), the Supreme Court releases on order list announcing the decision on pending petitions for review.   In the early part of the term, there might be a separate list announcing the cases accepted for review on Friday to give the parties additional time to start preparing their briefs (the written arguments on the case) as the time schedule gets rather tight for completing the briefs before the oral argument.  Because of those time limits on the written briefs, the January argument session is effectively the cut-off date for a case being heard during the term.  If review is granted after January, the case is held for the following term.  Thus, the cases that we are about to discuss are those that the Supreme Court granted review on between February and June.  (On rare occasions, as it did for one case this year, the Supreme Court may add a case during its summer recess, but the norm is that — other than emergency matters — the period between July 1 and October 1 is quiet.)  The cases that they will accept (some of which may be discussed in Part III of this preview) in the next several weeks will be argued in the second half of this term. Continue Reading...

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Voting Rights Act — A Glimmer of Hope

By tmess2 | Published June 11, 2023

On Thursday, the United Supreme Court issued its opinion in Allen v. Milligan,  a case in which Alabama voters challenged the state’s new congressional district lines under Section 2 of the Voting Rights Act.  As people may remember, due to COVID and the resulting delay in the 2020 census, Alabama completed its redistricting process shortly before filing began.  Although the voters quickly filed their case, and the three-judge panel quickly heard the challenge and issued its decision, a 5-4 majority decided that any change caused by any new lines issued by the judges would be too close to the start of the election process (but that the legislation changing the lines was not) for the judge-drawn lines to be used in the 2022 election.  So the 2022 election was held under the new lines drawn by the legislature while the U.S. Supreme Court decided whether those lines were valid.  In its ruling this week, five justices (with Justice Kavanaugh switching sides and Justice Jackson replacing Justice Breyer) upheld the trial court ruling.

To start with the legal considerations, Section 2 of the Voting Rights Act bars any voting practice or procedure that causes a protected group to “have less opportunity than other” groups “to elect representatives of their choice.”  While Section 2 also contains language disavowing an express requirement of proportionality, previous cases have found that Section 2 applies to redistricting and that it requires those bodies charged with redistricting to consider whether the maps give sufficiently large racial and ethnic groups a fair shot at electing a proportionate number of members.  Basically, this is done by drawing either “minority influence” districts (in which minorities are a large enough percentage of the voters that they can form a majority by aligning with like-minded non-minority voters) and “minority majority” districts. (in which the minority group is over 50% of the likely voters).

The current language in Section 2 was adopted in the early 1980s.  The first major case applying Section 2 to redistricting devised a three-part test.  First, the voters needed to show that minority voters are sufficiently concentrated that there is a reasonable map which would give them an additional minority influence or minority majority district.  In equal protection cases, the Supreme Court has made clear that maps that grossly violate traditional considerations to force geographically dispersed minority enclaves into the same district are forbidden.  Second, the voters must show that the minority group is politically cohesive.  In other words, that a significant majority sees itself as one group and tend to support the same type of candidate.  (For example, it might be harder to show that Asian voters are a group but easier to show that Vietnamese voters are a group.)  Third, the voters must show that the majority group (almost always white voters) will oppose the candidate supported by the minority group.   In other words, the last two parts require showing that racialized voting is still common in the jurisdiction. Continue Reading...

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S-Day at the House

By tmess2 | Published December 31, 2022

The new Congress convenes on Tuesday.  After the new members are sworn in (including that con artist from Long Island), the first task of business of the House of Representatives is the election of the Speaker.  [CORRECTION:  Before new members are sworn in.]

Traditionally, the election of a speaker has been a formality.  The majority party votes for their chosen speaker, and the speaker is elected on the first ballot.  But, like a southern primary, the election of the speaker requires that a candidate get a majority of the votes (not counting those who vote present).  And representatives have become more willing to vote for a “third” candidate or vote present.  When a party has a working majority, a small segment of the party expressing disagreement over their party’s choice for speaker is simply a statement.  But when a party has a narrow majority, defectors can cause problems.

When the House convenes on Tuesday, the Republicans will have a 222-212 majority (due to the vacancy in Virginia which will not be filled until February).  There are a significant number of (anti-)Freedom Caucus members who think spineless Kevin McCarthy is not sufficiently wacko to be Speaker.  On Tuesday, we will find out if that number is fewer than five (in which case it does not matter) or more than ten (in which case McCarthy will not have a majority on the first ballot) and whether these members will vote for an alternative candidate (in which case five would block McCarthy) or abstain (in which case eleven would make Hakeem Jeffries the speaker). Continue Reading...

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Where Things Stand

By tmess2 | Published November 12, 2022

Four days after election day and we are waiting for results in the states with lots of mail-in ballots and the states that have ranked choice voting.    The Democrats seem to be holding their own in the Senate and Governor’s races — so far gaining one Senate seat (Pennsylvania) and a net of one Governor’s mansion (picking up Maryland and Massachusetts as expected and losing Nevada which was the most vulnerable seat).  Several potential Senate gains fell short — especially Wisconsin and North Carolina.   While votes outstanding in Nevada, it looks like that will be a hold given where those votes are.  That will make the Georgia runoff (which was expected) about the margin in the Senate rather than control.

As expected, we had a rough night/days in Florida and New York.  In Florida, the lines performed as the Republicans hoped — giving them four new seats and costing the Democrats three seats.   In New York, the new lines also worked as expected to give Republicans more seats.  The current numbers are 15-10 with Republicans leading in the last outstanding seat.  If they hold the Twenty-second, that would give them a sweep of the lean Republican/toss-up seats and a gain of thee with a loss of three for the Democrats.  In short, Florida plus New York combined gave Republicans a gain of six or seven seats.   Likewise, the new lines in Georgia flipped one seat to the Republicans.   Thus, three states represent half of the Republican gains to date.  In Virginia, Republican gains were kept to one seat — the one that was seen as most likely to flip going into the election.

Ohio and North Carolina, however, were good states for the Democrats at least at the House level.  Ohio was the opposite of New York with all of the tossups going to the Democrats for a gain of one seat (and a loss of two for the Republicans).  Likewise, the Democrats took the toss-up in North Carolina which, when combined with the new lines, gave the Demcocrats a gain of two (and a loss of one for the Republicans).  In short, these maps netted a plus three for the Democrats.   Similarly, the new maps in Illinois led to a gain of one for the Democrats and a loss of two for the Republicans. Continue Reading...

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The Midterms-Preview (Part 5)

By tmess2 | Published November 6, 2022

Finally, we reach the end of the evening.  Five hours after the first polls closed in Kentucky and Indiana, we reach 10 p.m. Central ST.  At this time the last polls close in North Dakota and Idaho (covered in part 4).  Likewise, the remainder of the polls (representing the vast majority of the state) close in Oregon.  And, even though both states have a significant number of mail-in votes (as is true for several of the western states discussed in earlier posts), the polls will close in California and Washington.

I’ll start with Washington.  Washington has a top two primary (as does California).  Unlike Califronia, all of the races feature a Democrat against a Republican.  While there are some polls showing a potentially competitive race for Senate, I’m just not seeing it.  Washington is too blue in recent years.  Even in a red wave, Senator Patty Murray should win.  Most of the polls making this state seem close come from polls sponsored by Republican-affiliated groups.  While they may end up being right, even they are merely showing a close race.  The current split in the House is seven Democrats and three Republicans.  There are three seats that could flip.   The Third District is currently held by the Republicans, but, in the primay, the incumbent representative barely finished in third after having the integrity to vote to impeach President Trump.  Whether moderate Republicans will vote for the Democrat in the general and flip this seat — for the next two years to the Democrats — is the big question.  In a red wave, the Republicans have a chance at taking the Eighth District and the Tenth District.  The Tenth District (basically a swatch southwest of Seattle from Tacoma to Olympia) is more likely to stay Democratic.  The Eighth District (an exurban/rural district to the east of Seattle) looks more like a swing district, but Democrats are still favored.  Because of mail-in ballots, it typically takes several days to figure out who wins close races.

Moving south to Oregon, the big race is for Governor.  And it’s a classic argument for ranked-choice voting.  Business interests have pushed a moderate Democrat to run as an independent, and this candidate may take just enough votes to allow the Republicans to win by a narrow plurality.  The race is a pure toss-up.   Senator Ron Wyden is solidly favored to be reelected which might just have enough coattails to allow the Democrat to win the open race for governor.  In the House, the current split is four Democrats to one Republican with one new seat.  In the Fifth District, the Democratic incumbent lost in the primary to a progressive challenger.  There is a risk that the progressive nominee is too progressive for the district which runs from the suburbs of Portland into a rural part of the state to the south and east of Portland.  The Sixth District is the “new” district and is a little bit geographically smaller than the Fifth, but like the Fifth it runs from the immediate suburbs of Portland into the rural areas to the south and west of Portland.    The Republicans also have outside chances in the Fourth District, an open seat, which runs along the Pacific Coast in the area to the south and west of the Fifth and Sixth.  If the Democrats get all three of the seats, they could potentially keep the House.  In a red wave, the Republicans could gain all three seats. Continue Reading...

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